Which insurance company should I contact after an accident?
Which insurance company should you contact in case of an accident: yours or the culprit’s?
By law, every driver must have a valid MTPL policy, under which, in the event of a car accident, the victim will be able to receive payments.
Only many people do not know for sure whose insurance company the victim should contact in case of an accident in 2019, and also within how long it needs to be done.
In this article we will answer these questions and analyze in detail situations that usually cause difficulties.
Who is required by law to pay compensation for damage in an accident?
According to Federal Law No. 40 of April 25, 2002, in the event of an accident, the insurance company is obliged to compensate the owner of the MTPL policy for damage to life, health and property.
The payment limit is also set:
- up to 500 thousand rubles. when compensating for harm to life and health;
- up to 400 thousand rubles. when compensating for damage to property.
If the amount of material damage as a result of a car accident is greater than insurance payments, the victim has the right to recover compensation for property damage from the culprit.
The latter can pay the entire amount voluntarily, otherwise the damage is recovered through the court in the framework of civil proceedings.
Also, damages from the culprit of an accident, recognized as such by a court decision, can be recovered in the following cases:
- the culprit does not have an insurance policy or it was invalid at the time of the accident;
- the damage was not caused while the vehicles were moving;
- the victim demands compensation for moral damage;
- there were three or more participants in the accident, and the amount of insurance payments is not enough to cover the damage.
Whose insurance company to contact - general rules
The question of whose insurance company pays in case of an accident - the culprit or the victim - causes confusion among ordinary citizens. The problem is that the current practice is direct damages (DCA).
The victim is expected to contact the company that has insured his civil liability.
Only this method is not applicable in every situation - if a number of conditions are not met, you need to submit an application to the company of the culprit.
It turns out that a victim of an accident has 2 alternative ways to receive compensation for harm.
However, the law clearly limits which insurance company to contact in the event of an accident – your own or the culprit’s. The victim must submit an application for direct compensation to his insurer if:
- two cars were involved in the accident;
- the drivers involved in the accident have valid MTPL policies;
- Only the car is damaged.
The victim has the right to replace insurance payments with restoration repairs, and the insurance company is obliged to satisfy this requirement, but provided that the damage caused to the vehicle did not lead to its complete destruction.
An application for compensation for damage to life and health is submitted to the insurance company of the person responsible for the accident within the limits of the amount of insurance payment established by law.
The payment itself is made on the basis of certificates of harm to health, documents confirming the costs of treatment and rehabilitation.
Lost earnings that a person lost due to harm caused to his health may also be compensated.
It is also worthwhile to figure out whether the person at fault for the accident needs to contact the insurance company . According to the law, this is necessary only in one case - if the accident was registered without the participation of traffic police officers.
The culprit of the accident must provide his car for inspection and/or independent technical examination within 5 days from the date of receipt of such a request.
Where to contact a victim of an accident - an overview of situations
To make it clearer whose insurance company pays for damages in an accident, we will look at specific situations.
Mutual guilt
There is no legal concept of “mutual guilt” . This term is used by traffic police inspectors and insurers in cases where both drivers violated the rules, which caused an accident, and both were issued administrative violation orders.
If the guilt is mutual, formally everyone is both the victim and the culprit, but in fact everything depends on the court’s decision.
If he cannot identify the culprit of the accident, then an application for compensation for damage to life and health must be submitted to the RSA.
The same is done if the culprit at the time of the accident did not have a compulsory motor liability insurance policy or it was expired.
There are 3 participants in an accident
Let's try to figure it out: if there are 3 participants in an accident, which insurance company should you contact?
In such a case, direct compensation for damages does not apply. Each of the victims has the right to contact the insurer of the culprit (or one of the culprits to choose from, if there are several of them).
If the culprit of the accident is not identified, then the insurance companies of the participants in the accident must compensate for the damage in equal shares.
If three participants are found guilty of an accident, then insurance payments to compensate for damage are made in proportion to the degree of guilt of each of them. This is determined by a court decision .
A trailer was involved in the accident
It is worth noting that if one of the participants in the accident is a vehicle with a trailer, in such cases insurers often refuse to pay compensation.
They refer to the fact that a separate policy is required for the trailer, which means that this is the third party to the accident. This position is incorrect, which has been repeatedly confirmed by the courts.
Let’s also clarify who should contact the insurance company in case of an accident – the owner or the driver.
Only the owner of the vehicle has the right to receive compensation, and any driver who is listed in the MTPL policy can submit an application to the insurer.
However, the owner can issue a general power of attorney, under which another person will receive the money.
Deadlines for contacting an insurance company
The law clearly establishes when to contact the insurance company after an accident: it is better to report the accident at the scene of the accident, and 15 working days are allotted for submitting documents.
When registering using the Europrotocol, you should contact your agent within 5 days.
The victim is also obliged to provide his car for inspection, independent technical examination, assessment, based on the results of which the insurance company will decide on payment. The law allows no more than 5 days to carry out these events.
Thus, a victim in an accident must contact his insurance company if there are two participants in the accident, both have valid MTPL policies, and only the car was damaged.
If damage to life and health is caused, you should contact the insurer of the person responsible for the accident for compensation.
Video: Which insurance company should I contact after an accident?
Whose insurance company should the victim contact in case of an accident?
You have been involved in an accident, you are the injured party and, naturally, you want to receive compensation. Where to start processing insurance payments? Which insurance company should a victim contact in the event of an accident: his own insurance company or the insurance company that caused the accident? How can you be sure to get insurance and avoid mistakes at the stage of registering an accident?
Automobile liability contracts are now issued for each vehicle. Therefore, every driver should feel calm and be confident in mandatory insurance payments. In fact, various mistakes, basic legal illiteracy and certain circumstances can prevent you from receiving insurance money after an accident.
Receiving insurance payments in case of an accident under compulsory motor liability insurance
Since 2014, rules have been in force according to which the victim cannot freely choose which insurance company to contact after an accident. He is obliged to contact his insurance company if the following three conditions are met:
If no more than 2 cars were involved in the accident.
If only material damage is caused, without harm to human health;
Briefly and accurately describe any damage sustained by the vehicle.
If both vehicle owners have valid auto liability policies.
The total damage to property does not exceed 50,000 rubles (for Eurotocol).
In this case, the incident can be registered according to a simplified procedure without traffic police officers (according to the European Protocol). If the above conditions are met, then the victim can count on PPV - direct compensation for damage.
If, for example, three cars were involved in the accident, or damage was caused to surrounding structures, or the injured vehicle owner does not have a compulsory motor liability insurance policy, then you should contact the insurance company of the person responsible for the accident. If the culprit does not have a policy, he will pay compensation in full. If the compensation according to the limit is not enough to cover the losses, then the person responsible for the accident will pay the difference. If the culprit escapes, the damage will be compensated by RSA
Where and when to apply for payments after an accident
The place where claims for insurance payments are submitted is chosen by the victim in an accident. This can be a branch of the Investigative Committee at the place of registration of the car, or a branch in the subject of the Russian Federation where the accident occurred.
Contacting the Investigative Committee in case of a non-contact accident
A special case is non-contact accidents in which property damage is caused, but no vehicle collision occurs. Such an accident cannot be registered using a simplified procedure.
Appeals to RSA
In some cases, it comes to contacting the Russian Union of Motor Insurers. This is necessary if the license of the insurer responsible for the accident has been revoked. Also, if the culprit has not been identified, has disappeared, or does not have a policy, issues related to insurance payments are resolved by RSA.
Before contacting an insurance company (for OSAGO and CASCO)
After an accident, always be vigilant and attentive. Strive to correctly and thoroughly record all the details of what happened. If it comes to analyzing an accident in the investigator’s office, then read all the documents, identify controversial points and disagree with them. Feel free to directly write in the document: “I do not agree.” Support it with a written transcript, date, signature. All of this will help you achieve fair insurance payments and may give you an advantage in court.
Documents for receiving insurance payments
The traffic police register
1 Certificate of road accident in form No. 154 (can be replaced with a certified copy). It should have a corner stamp.
2 A certified copy of the decision to refuse to initiate proceedings regarding an administrative offense.
3 Certified copy of the administrative violation protocol.
4 Certified copy of the order-receipt.
5 A certified copy of the resolution in the case of an administrative offense.
All the above documents must have a round seal and a living signature.
Other documents for submission to the Investigative Committee
Written two-way notification of an accident/
The driver's license valid at the time of the accident.
A certified copy of the vehicle registration certificate.
Expert opinion when conducting an independent examination of damage.
General power of attorney, if the victim in an accident is not the owner of the vehicle.
Notarized power of attorney, notice is not submitted by the owner of the car.
Details for transferring insurance payments.
Receipts for payment of expenses related to the accident (examination, evacuation, etc.).
Payment limit for compulsory motor liability insurance in 2019
Due to damage to a car or other property: up to 400 thousand rubles. The owner of each vehicle damaged in an accident (if there are two, three or more of them) can count on this maximum amount.
Due to harm to health and life: up to 500 thousand rubles. This limit of payments is established for each victim in an accident.
Deadlines for applying to the insurance company under compulsory motor liability insurance
If you have decided whose insurance company pays for an accident, submit a notice there. This can be done when you already have all the documents from the traffic police. You can notify us by phone. After this, you need to come there with a package of documents to process insurance payments. To submit documents under the MTPL (Euro Protocol), 5 days are specified from the moment of the accident (except weekends). During this time, both parties must submit notifications of the collision.
This is followed by inspection and examination of the vehicle for damage. This inspection is organized by the insurance company within 5 days after the notification of the accident is submitted. It is in the interests of both parties to attend the procedure. The deadline for receiving payments under compulsory motor liability insurance is 20 days.
If, three weeks after the inspection by an expert, you have not received the money or have been refused, then you need to contact a good auto lawyer, for example, the Law-Auto company. The same should be done if you do not agree with the payment amount. We will represent your interests in disputes when resolving any issues with the insurance company, both yours and the culprit of the accident.
Which insurance company should a victim of an accident contact?
Mandatory civil liability insurance provided by law guarantees compensation for damage caused as a result of an accident. However, this does not happen “automatically”. It is necessary to adhere to established procedures, deadlines and provide the necessary documents to the insurance company. Practice shows that few victims know what and how to do.
The most common questions: is it possible to contact the insurance company of the person responsible for the accident and what to do if the person at fault is not insured. It is better to study the nuances of registration in advance so as not to miss the deadline for submitting documents.
Which insurance company to contact in case of an accident - your own or the culprit's?
The answer to the question “where to apply for compulsory motor liability insurance” depends on the circumstances of the traffic accident and the degree of damage caused.
The following factors need to be taken into account:
- number of vehicles (vehicles) involved in the accident;
- nature (degree) of damage;
- availability of compulsory motor liability insurance for each driver;
- presence of injured (dead) as a result of the accident;
- deadline for applying for compensation.
- participation in an accident of two vehicles;
- both parties (drivers) have compulsory motor liability insurance;
- no damage to human health and life;
- Insurance coverage is sufficient to compensate for the damage.
If these conditions are met, the victim must apply for compensation from his insurer. If there are victims, not only equipment is damaged, or the damage is more than the limit under compulsory motor liability insurance, the insurance company of the culprit is responsible for the registration. Separately, it is worth considering the case where the person responsible for the accident violated the law and did not purchase compulsory motor liability insurance. If the victim does not have insurance, we suggest that you read a separate article on our website.
Whose insurance should the victim contact in 2019?
If the driver is not at fault for the accident and the conditions for PPV listed in Law 40-F3 are met, the problems can be resolved through your insurance company. However, road accidents are often accompanied by damage to the health and life of the driver, passengers or pedestrians. In such cases, the Europrotocol is not drawn up, and in order to receive compensation, the victim must find out which company insured the civil liability of the person responsible for the accident and contact it.
Passengers are not insured under compulsory motor liability insurance, and in the event of harm to their health, it will not be possible to issue a Europrotocol. Therefore, a passenger injured in an accident needs to contact the insurance company of the person responsible for the accident. Obtaining insurance for passengers has its own subtleties and nuances.
Only the driver of a vehicle who is not at fault for the accident can contact his insurance company, subject to direct compensation for losses.
Until September 2017, there was a rule according to which direct compensation for damage was applied only in the event of an accident in which two vehicles were involved. Currently, there is no limit on the number of cars involved in accidents, according to paragraph 1b of Art. 14.1 40-FZ: PVU is applied if the accident occurred as a result of a collision of two or more vehicles (including vehicles with trailers)
Who compensates whom for damages under compulsory motor liability insurance?
Depending on the circumstances, you have to apply for compensation to the insurance company of the culprit, the victim, RSA (Russian Union of Auto Insurers) or to the court. Let's figure out whose insurance company pays for damages in the event of an accident. If the culprit has compulsory motor liability insurance, the damage will be compensated by his insurance company. This rule also applies in the case of PES. This scheme works as follows:
- The driver whose car was damaged (the victim) contacts his insurance company with a Europrotocol.
- Based on the application and assessment of damage, the insurer makes a payment to the victim.
- The victim's insurance company contacts the accident's insurance company to compensate for expenses.
Victims and drivers found guilty of road accidents are interested in who pays for car repairs if there is insurance. The answer depends on the amount of damage. Damage to health and property within the insurance limit is compensated by the insurance company with which the culprit has a compulsory motor liability insurance agreement. The victim may recover the excess of this amount, if any, and moral damages from the culprit in court.
If there are three participants in an accident
Victims are interested in: if there are 3 participants in an accident, which insurance company should they contact in 2019? Until last fall, such disputes could not be resolved without the culprit of the accident contacting the Investigative Committee. Since September 2017, damage from an accident involving three participants has been compensated under a new procedure.
Therefore, car repairs in “their” workshop are paid for by the insurance of the driver who is not at fault for the accident. The at-fault party’s insurance then compensates for the cost of damages from an accident involving multiple participants.
As in the case of an accident of two vehicles with the Europrotocol, compensation can be obtained provided there are no victims and all drivers have compulsory motor liability insurance policies. However, it is impossible to obtain compensation through a PPV procedure without contacting the traffic police. For the Europrotocol, the restrictions remain the same: no more than two vehicles.
Deadline for submitting documents after an accident
Another pressing question is how long after an accident you need to submit a claim to the insurance company. This point is regulated by regulations. If you miss it without good reason, the insurance company may refuse to pay.
According to the new rules, 5 days are allotted for submitting a package of documents (clause 3.8 of Bank of Russia Regulation No. 431-P dated September 19, 2014. The countdown begins from the moment of the road traffic accident. The list of documents required to receive payment includes:
- passport;
- power of attorney (if the owner’s representative applies);
- driver license;
- vehicle registration certificate;
- vehicle registration certificate;
- notification of an accident with the signature of the person responsible for the accident;
- claim for damages.
In case of damage to health, you must attach a medical report and documents confirming the costs of examination and treatment. After the victim applies, the insurance company organizes an examination to determine the amount of damage. If it exceeds the MTPL insurance limit, the difference is compensated by the culprit in court.
Where to go if the culprit does not have a compulsory motor liability insurance policy
According to the Russian Union of Auto Insurers (RUA), up to 3 million drivers ignore legal requirements and do not issue compulsory motor liability insurance. In this case, the standard compensation procedure through the insurance company does not work. Who pays for damage if the culprit is not insured?
As in the case of the Europrotocol, everything depends on the presence of victims:
- If only the vehicle was damaged, it is necessary to demand compensation for damages from the person responsible for the accident (voluntarily or, more often, through the court). You will also have to file a claim in court if both parties do not have compulsory motor liability insurance.
- If an accident causes damage to your health, you should apply for compensation from the RSA.
If the injured party has CASCO insurance, the damage will be compensated by the insurance company. She, in turn, will exercise the right to recover the spent funds from the culprit (subrogation). Therefore, saving on compulsory motor liability insurance can result in serious losses of time, money and nerves.
Who should report to the insurance company - the owner or the driver?
If a vehicle is damaged in an accident, the damage is caused to its owner, not the driver. Therefore, a reasonable question arises about who applies to the insurance company.
Does the at-fault party need to notify their insurance company?
The institution where they go after an accident depends on whether the Europrotocol is drawn up. In case of direct payment of damage, you do not need to contact the traffic police. All you have to do is notify your insurance company. In controversial situations, accidents with injuries or involving several vehicles, you have to wait for the traffic police to arrive. They must identify the perpetrators and draw up a report.
Does the culprit of the accident need to report to the insurance company or is it enough to fill out the documents and hand them over to the victims?
According to the norms of the Civil Code of the Russian Federation and 40-FZ, the culprit is obliged to notify his Investigative Committee. It is better to do this immediately after the accident by contacting the insurance agent by phone. The law stipulates that the culprit is obliged to notify the Investigative Committee within five days after the accident. To avoid problems, you should not limit yourself to just one phone call. Send a registered letter or leave a written statement at the office, making a registration mark on the second copy. The law allows notification by fax, but this method is no longer relevant.
If the culprit cannot personally contact the Investigative Committee, a representative with a power of attorney can do this for him. If this is not done, the company may refuse payment or file a recourse claim.
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Whose insurance company should the victim and the culprit contact in case of an accident?
An MTPL policy is a necessary attribute for a motorist, which allows you to insure the owner’s liability to other motorists. Thanks to compulsory insurance, the injured party will always receive compensation for the harm caused.
Whose insurance company should I contact?
Often, motorists do not know where to go. It is a mistake to call only the company that provided insurance services to the person at fault for the accident. Each participant must call their insurer. The telephone number is indicated in the policy.
The injured party must report the incident to its insurance company , regardless of the type of accident and the surrounding circumstances. An employee of the organization will provide qualified assistance and advise the policyholder: he will list further actions and tell you what to pay attention to.
The person at fault for the accident must also inform his insurer . It is his organization that will pay compensation. In some cases, a company employee arrives at the scene of the incident to assess the damage.
Thus, participants in a road accident can receive assistance from representatives of their insurance companies. By calling the dispatch service, the parties can use additional services (for example, calling a tow truck). There are cases when operators provided motorists with not only professional, but also psychological assistance.
Types of possible accidents
There are three main types of traffic accidents. In these cases, direct appeal will not be effective, since it presupposes the following conditions:
- There were only two parties involved in the accident;
- damage was caused exclusively to cars;
- the guilt is obvious.
Qualification is compiled depending on the presence of special conditions accompanying the accident.
Mutual guilt
Authorized employees establish the existence of circumstances of mutual guilt if both road users violated the rules. A fine receipt for an administrative offense serves as confirmation of guilt.
You can challenge the decision of the traffic police in court. Acceptance of the receipt and recognition of the fine means that the participant in the accident is fully aware of his guilt. In such incidents, it is difficult to decide whose insurance company will pay for the losses. For this reason, legal proceedings are opened to resolve the issue.
There are more than two participants in an accident
Some situations are large-scale and involve multiple participants. For example, in the event of a collision between several vehicles on a sliding surface or when entering the oncoming lane.
In any traffic accident involving more than two parties, it is important to remain at the scene. Even if the vehicle received minor damage and the driver is not to blame for the incident, he is obliged to wait for the traffic police. A car that leaves the scene of an accident will be found guilty without trial.
Injured participants must submit documents to both insurance organizations: theirs and the at-fault party. The decision on which party will compensate for damages and in what amount is made in court.
A trailer was involved in the accident
According to current rules, insurance must also be issued for the trailer if the driver uses it while driving. Often it is trailers that become the cause of accidents: inexperienced drivers do not “feel” it and hit other people’s cars.
For a light trailer weighing up to 750 kg, you do not need to take out a separate insurance contract. The driver simply pays a certain amount for it. For heavier trailers, drivers are required to fill out an additional document.
The presence of a trailer, but the absence of a note about it in the insurance is a violation of the rules for which the person responsible for the accident will be held liable. If such a circumstance exists, the insurance company has the right to sue the motorist. For the injured party, this circumstance is insignificant: compensation will be made in any case.
If there are victims
The presence of injured people is a special condition of any accident. Direct compensation for damages is not possible in such circumstances. The main thing to take care of is the life and health of the victims.
An important condition: if there is a threat to a person’s life, the driver has the right to take him in his car to a medical aid station. This is allowed by the rules.
It is necessary to record the fact by indicating your data at the institution and receiving the appropriate paper. After receiving confirmation, you must return to the scene of the accident. The driver will not be judged by the traffic police and found guilty if he left the scene of the accident to save a person’s life.
Where to go if the culprit does not have a compulsory motor liability insurance policy
RSA reports that around 3 million motorists do not have compulsory insurance. If the person at fault for the accident does not have a compulsory motor liability insurance policy, it is impossible to receive compensation according to the standard procedure.
In these circumstances, everything depends on the presence of victims:
- When damage is caused exclusively to cars, the injured party demands compensation for losses from the person responsible for the accident. Typically, participants reach an agreement only through a court decision.
- In case of harm to the life or health of people, the victim must apply to the Russian Union of Auto Insurers for compensation.
The insurance company will pay compensation only if you have a CASCO policy. The company can also demand payments from the person responsible for the incident.
The driver is not included in the policy list
Often, vehicle owners allow persons not listed in the MTPL list to drive. In the event of a traffic accident, compensation will have to be demanded from the culprit.
The resolution of the conflict is similar to the situation in which the culprit does not have compulsory motor liability insurance at all: through the court or RSA. The injured party must check the insurance document of the culprit to ensure the presence or absence of his data in the list of approved drivers.
Payment limit for compulsory motor liability insurance
The Federal Law “On Compulsory Motor Liability Insurance” regulates that the maximum amount of payments under a compulsory insurance policy may be as follows:
- 400 thousand rubles - only cars were damaged, there were no casualties;
- 500 thousand rubles - in case of an accident, damage was caused to the life or health of road users (also applies to pedestrians).
You cannot count on large compensation from the insurance company. If the specified amount is not enough to cover the costs, the money will be collected from the person responsible for the traffic accident.
Deadlines for applying to the Investigative Committee
After an accident, the injured party should contact the insurance company as soon as possible. According to current legislation (Federal Law No. 40), the filing period is 5 days from the date of the incident. If the policyholder lives far from the city - 15 days. The deadlines are also set for the insurer: he is given 5 days from the date of submission of the application to inspect the car.
Any work on car restoration or disposal can be carried out only 15 days after informing the insurance organization. If any of the specified periods are not observed, the insurer has the right to refuse to pay compensation.
To contact the company’s office to receive payments, you must prepare the relevant documents after an accident:
- Application for compensation payments (can be obtained at the office of the insurance company);
- citizen's passport;
- a valid OSAGO form;
- driver's license;
- certificate confirming the accident;
- notification of an accident;
- a copy of the protocol from the traffic police;
- confirmation of ownership of the vehicle;
- Bank details;
- checks and receipts for related expenses (tow truck services, etc.);
All copies must be officially certified. Sometimes an extended list of papers is required, which can include confirmation of disability or death of the policyholder. In each individual case, it is worth checking with company employees about the need to provide additional documents.
Does the at-fault party need to notify their insurance company?
The person who caused the accident must notify their insurance company. It is better to report an accident immediately after it occurs by contacting an agent by phone. However, you can also notify using a registered letter or an application in duplicate.
If the driver is unable to independently inform the insurance company, his representative can do this. It is worth paying attention that the person applying must have a confirmed power of attorney.
Conclusion
OSAGO significantly simplifies the procedure for receiving payments in case of a traffic accident. It is better to trust the issuance of a compulsory insurance policy to proven and reliable market representatives. If an accident occurs, the motorist must not lose composure. The main thing is to take all necessary actions and contact the insurance company on time.
Which insurance company should you contact in case of an accident: your own or the culprit’s?
Often after accidents on the roads, car owners are faced with the question of whose insurance company should the victim contact in the event of an accident. In this review, we will consider the possible actions of drivers in various real situations.
Who should compensate for the damage?
Even the most experienced driver is not immune from troubles on the roads. And in the event of a real accident, even people lose self-control; they do not know how to act and from whom to demand compensation for damage.
What the law says:
The MTPL Law approves the following maximum payments:
- 400,000 rub . in case of property damage to transport;
- 500,000 rub . if there are victims or they died as a result of the accident.
The person at fault will have to pay extra from personal savings if it turns out that the insurance money is not enough to cover the costs.
He can at will compensate for the damage caused. If refused, the procedure for forced collection through the courts will begin if:
- the offender did not have the insurance policy with him, or it was expired at the time of the incident;
- the transport was not damaged during movement;
- victims demand compensation for moral damage;
- More than three cars are involved in the accident, and the insurance amount is not enough to cover the damage received.
Whose insurance company to contact - general rules
Ignorance of the law leads to people getting confused and not knowing exactly who to file claims for damages.
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Car owners can contact their insurer if:
- two vehicles were involved in the incident;
- the parties involved in the accident have valid insurance;
- Only the car was damaged.
The insurance company offers monetary compensation in exceptional cases. An alternative replacement for money is repairs at specialized car services, provided that the vehicle can be restored.
Review of possible situations
If an accident occurs on the roads, you must immediately contact your insurance company consultant. Usually the contact phone number is indicated in the insurance policy or on the company’s official website. An IC employee will tell you how to act in a specific situation – where to go and what documents to prepare.
Let's consider several options:
Mutual guilt
This formulation is usually used by traffic inspectors and the Investigative Committee in cases where a traffic violation was recorded by both drivers, and a protocol on violation of the Code of Administrative Offenses of the Russian Federation was drawn up for each.
The degree of guilt of each violator will be determined in court. The judge will take into account the danger of the violations committed and the possible consequences of the unlawful act.
For example, fault will be considered different when running a red light compared to when passengers do not fasten their seat belts.
Car owners will have to demand compensation payments from the RSA if:
- the court failed to identify the person responsible for the accident;
- At the time of the accident, the offender did not have a policy or it was inactive.
More than two cars were involved in the accident
Sometimes confusion occurs when three or more cars collide.
We go to our insurance company if the mandatory requirements are not violated:
- have valid insurance;
- there are no victims;
- Inspectors were invited to the scene of the accident.
Here the issue is resolved simply: initially the insurance company compensates for the damage to its clients, and then begins proceedings with other companies that insure the cars of those involved in the incident.
If people were injured in an accident, then you must contact the company that insured the person responsible for the damage for compensation.
The application form requires information:
- place and time of the incident;
- the circumstances that caused the incident;
- documents for the applicant and the car.
A trailer was involved in the accident
Insurance companies often refuse to pay when a trailer is involved. But such actions are illegal; a citizen can claim compensation from his company:
- the insured person must have a note in the policy that the car is allowed to be used with a trailer;
- there are no casualties;
- There were two people involved in the accident.
If these requirements are not met, you should contact the company of the second party to the incident.
In this case, you should take out a policy for the trailer if:
- it refers to a cargo-type vehicle weighing no more than 3.5 tons;
- The object is registered with the traffic police.
Deadlines for contacting the insurance company
To avoid trouble in the form of refusal to accept an application for compensation payment, it is necessary to comply with the deadlines established by law. Reimbursement documents must be submitted as soon as possible.
The maximum period for applying to the Investigative Committee is 5 days. If you miss it, the citizen risks having his application rejected.
In some cases, it is possible to submit an application within a longer period. For valid reasons, a citizen cannot contact the insurer:
- lives in another locality;
- was being treated in a hospital.
The applicant will have to confirm his words with documents. This could be a sick leave certificate, discharge summary from a hospital, travel certificate, hotel receipt, etc.
What documents must be presented?
The set of forms may differ from each other depending on the specific situation.
Basically, you need to transfer to the IC:
- application (the form can be obtained from the company);
- OSAGO policy (original);
- general passport;
- driver license;
- documents for the car (passport and proof of ownership);
- emergency notification;
- accident report;
- invoices and receipts for payment of expenses for conducting an examination or calling a tow truck;
- bank account details for transferring money.
In addition to the main list, additional forms may be required: sick leave, ITU certificate, as well as a death certificate of a citizen if relatives of the deceased apply for compensation.
If you are involved in an accident, it is better to immediately call a specialist from your insurance company, he will coordinate further actions.